Trademark

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Transcript of Trademark

Trademarks Symbols Used for Trademarks TM ® TM is used for symbols that have not been registered but that a company simply claims ownership to. This is used for symbols or logos that are registered with the trademark office. Stipulations for trademarks. Fancible (made up work) or an Arbitrary (word with no meaning to the object) word are acceptable. Cannont use a descriptive mark that relates to the object, such as Salty for saltine crackers. Generic names cannot be used, such as boot or van. A trademark can also be lost due to it becoming a generic name (aspirin). What is a trademark? A trademark is a distinctive symbol, or indicator that helps customers recognize a particular product. No other company can use the trademark for their products. Cannot register immoral marks, deceptive marks, or flags. Cannot register deceased president if their widow is still alive. Colors are not normally registered. Exception: Owens Corning Pink Process for receiving a trademark The applicant files an application for their trademark with the US Patent and Trademark Office With a wait of three to six months due to the applications being reviewed in the order they are received, they are checked by an attorney that makes sure the trademark fits all of the qualifications. If there is a legal problem with the trademark, the attorney will send the application back for review The application is then published to the public for a period of 30 days. This is for third-parties to oppose the trademark if it will affect them. If no third-party creates an opposition, or the panel that reviews the opposition goes in the favor of the applicant, then the trademark will ultimately be issued. How long do trademarks last? If the applicant keeps renewing the trademark, it can technically last forever. If a trademark has not been used for five years, then the trademark expires and a third-party can come in and claim it.